83 Regulation
of charges
84 Treasury
Board authorization of agreements
85 Regulations
86 Internal
reviews
87 Establishment
requirements
88 Bonding
of public employees, etc.
Part 10
General
89 Failure
to account for public money
90 Public
money held in trust
91 Fine
for refusal to transmit accounts, etc.
92 Books,
etc., property of Crown
93 Actions
for penalties or forfeitures
94 Assignment
of Crown debts
95 Assignment
of corporation debts
96 Assignment
of salary or wages
97 Saving
of other legal remedies
98 Benefit
funds
Schedule
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Interpretation
1(1) In this Act,
(a) “accountable
advance” means
(i) an accountable advance made pursuant to section 31(1) or (2), or
(ii) an amount advanced by the Crown pursuant to an agreement to which
the Crown is a party, whether the agreement came into existence before or after
the commencement of this Act;
(b) “appropriation”
means
(i) a supply vote, or
(ii) a statutory appropriation;
(c) “Auditor
General” means the Auditor General appointed under the Auditor General Act;
(d) “Crown”
means the Crown in right of Alberta;
(e) “Crown‑controlled
organization” means, unless subsection (3) applies,
(i) an unincorporated board, commission, council or other body that
is not a department or part of a department, 20% or more but fewer than a
majority of whose members are appointed or designated, either by their personal
names or by their names of office, by an Act of the Legislature or regulations
under an Act of the Legislature, by an order of the Lieutenant Governor in
Council or of a Minister of the Crown, or by any combination of them, and that
is responsible for the administration of public money or assets owned by the
Crown,
(ii) a corporation, other than a corporation incorporated by or under
a local or private Act, 20% or more but fewer than a majority of whose members
or directors are appointed or designated, either by their personal names or by
their names of office, by an Act of the Legislature or regulations under an Act
of the Legislature, by an order of the Lieutenant Governor in Council or of a
Minister of the Crown, or by any combination of them, and that is responsible
for the administration of public money or assets owned by the Crown,
(iii) a corporation, other than a corporation incorporated by or under
a local or private Act, 50% or more but less than 100% of whose issued voting
shares are owned by the Crown or held in trust for the Crown or are partly
owned by the Crown and partly held in trust for the Crown, or
(iv) a corporation that is a subsidiary of a corporation described in
subclause (ii) or (iii) or that is controlled by a corporation described in
subclause (ii) or (iii) directly or indirectly through one or more intermediary
corporations,
but does not include a
regional health authority or subsidiary health corporation under the Regional
Health Authorities Act;
(f) “department”
means
(i) a department of the Government or of the public service of
Alberta established under the Government
Organization Act,
(ii) a part of the public service of Alberta that is not part of a
department referred to in subclause (i) and that is designated as a department
by the Lieutenant Governor in Council for the purposes of this Act, or
(iii) any other part of the public service of Alberta,
but does not include
(iv) the Legislative Assembly Office,
(v) the Office of the Auditor General,
(vi) the Office of the Ombudsman,
(vii) the Office of the Chief Electoral Officer,
(viii) the Office of the Ethics Commissioner, and
(ix) the Office of the Information and Privacy Commissioner;
(g) “department
head” means the member of the Executive Council having the administration of a
department;
(h) “deputy
head” means
(i) the chief officer of a department, or
(ii) if there is more than one chief officer of a department, the
chief officer of that part of the department for which that chief officer is
responsible to the department head;
(i) “disbursement”
means
(i) an expenditure,
(ii) a payment from a regulated fund,
(iii) a payment in respect of an investment of money in the General
Revenue Fund made pursuant to section 43 or 46,
(iv) a payment made pursuant to section 74,
(v) a payment from the General Revenue Fund to reduce the principal
amount of any Government securities,
(vi) a payment made by a Provincial corporation from its own funds, or
(vii) any other payment or transfer of public money;
(j) “estimates”
means spending estimates of the Crown transmitted to the Legislative Assembly;
(k) “expenditure”
means
(i) a payment authorized by a supply vote,
(ii) a reimbursement, under the authority of one supply vote of a
payment charged against another supply vote, or
(iii) a payment authorized by a statutory appropriation;
(iv) repealed 2004 c7 s2;
(l) “fund
administrator” means a person or group of persons charged with the receipt,
custody or handling of money in, or payments from, a regulated fund;
(l.1) “Minister
responsible” means the Minister determined under section 16 of the Government
Organization Act as the Minister responsible for this Act;
(m) “money”
includes negotiable instruments;
(n) “negotiable
instrument” includes a cheque, draft, traveller’s cheque, postal note, money
order, postal remittance, bill of exchange payable on demand or any other
similar instrument;
(o) “personal
service contractor” means
(i) an individual whose services are engaged by the Crown, a
Provincial agency or a fund administrator in consideration of the payment of a
fee whether or not the contract for those services is made with that individual
or another person, or
(ii) a person who contracts to provide the services of one or more
individuals to the Crown, a Provincial agency or a fund administrator in
consideration of the payment of a fee;
(p) “Provincial
agency” means a Provincial corporation or a Provincial committee;
(q) “Provincial
committee” means an unincorporated board, commission, council, or other body
that is not a department or part of a department, all or a majority of whose
members are appointed or designated, either by their personal names or by their
names of office, by an Act of the Legislature or regulations under an Act of
the Legislature, by an order of the Lieutenant Governor in Council or of a
Minister of the Crown or by any combination of those methods;
(r) “Provincial
corporation” means
(i) a corporation, other than a corporation incorporated by or under
a local or private Act, all or a majority of whose members or directors are
appointed or designated, either by their personal names or by their names of
office, by an Act of the Legislature or regulations under an Act of the
Legislature, by an order of the Lieutenant Governor in Council or of a Minister
of the Crown or by any combination of those methods,
(ii) a corporation all of whose issued voting shares of every class
are owned by the Crown or held in trust for the Crown or are partly owned by
the Crown and partly held in trust for the Crown, or
(iii) a corporation that is a subsidiary of a corporation referred to
in subclause (i) or (ii) or that is controlled by a corporation referred to in
subclause (i) or (ii) directly or indirectly through one or more intermediary
corporations,
but does not include a
housing authority incorporated under section 42 of the Alberta Mortgage and Housing Corporation Act, SA 1984 cA‑32.5,
or a management body within the meaning of the Alberta Housing Act or a regional health authority or subsidiary
health corporation under the Regional
Health Authorities Act;
(s) “public
employee” means
(i) an employee of the Crown,
(ii) a member or employee of a Provincial agency, or
(iii) a fund administrator or an employee of a fund administrator;
(t) “public
money” means money
(i) owned by the Crown,
(ii) held by the Crown for the benefit of or in trust for any other
person,
(iii) held by a public employee, public official, personal service
contractor or revenue officer in that person’s capacity as a public employee,
public official, personal service contractor or revenue officer,
(iv) held by any person for the benefit of or in trust for the Crown,
or
(v) owned or held by a Provincial agency,
but does not include money
owned or held by Alberta Treasury Branches;
(u) “public
official” means
(i) a member of the Executive Council,
(ii) a person who holds an office at the appointment of the Lieutenant
Governor in Council or a member of the Executive Council and who receives
remuneration from the Crown in respect of that office,
(iii) the Speaker of the Legislative Assembly,
(iv) the Auditor General,
(v) the Information and Privacy Commissioner,
(vi) the Ombudsman,
(vii) the Chief Electoral Officer, or
(viii) the Ethics Commissioner;
(v) “record”
includes
(i) an account, book, return, statement, report, financial document
or other memorandum of financial or non‑financial information whether in
writing or in electronic form or represented or reproduced by any other means,
and
(ii) the results of the recording of details of electronic data
processing systems and programs to illustrate what the systems and programs do
and how they operate;
(w) “regulated
fund” means a fund containing public money except public money
(i) forming part of the General Revenue Fund,
(ii) received by a revenue officer for deposit in the General Revenue
Fund that has not been deposited in the General Revenue Fund, or
(iii) owned or held by a Provincial agency;
(x) “revenue
officer” means a person who
(i) is engaged in or is appointed or employed for the purposes of the
collection or management of or accounting for public money,
(ii) is engaged in the administration of any law under which public
money is collected, managed or accounted for,
(iii) is required by law or contract to collect, manage or account for
public money, or
(iv) receives, holds or is entrusted with public money, whether or not
that person was appointed or employed for that purpose,
but does not include
(v) a bank, treasury branch, loan corporation or trust corporation or
an investment company as defined in the Investment
Companies Act (Canada), RSC 1985 cI‑22,
(vi) a person who is not a public employee or public official and
whose relationship with the person’s clients is regulated in a material way by
or under an Act of the Parliament of Canada or a Legislature of a province of
Canada or an Ordinance of a territory of Canada, or
(vii) a member, officer or employee of a bank, treasury branch, loan
corporation, trust corporation, investment company or person referred to in
subclause (v) or (vi);
(y) repealed
2003 c2 s1(2);
(z) “Risk
Management Fund” means the Alberta Risk Management Fund established under
section 76;
(aa) “securities”
includes bonds, debentures, shares of capital stock, trust certificates,
guaranteed investment certificates or receipts, certificates of deposit,
deposit receipts, bills, notes and mortgages of real estate or leaseholds, and
rights or interests in respect of any security;
(bb) “statutory
appropriation” means an amount permitted or directed to be paid from the
General Revenue Fund by this or any other Act, but does not include an amount
paid
(i) under the authority of a supply vote,
(ii) pursuant to section 43 or 46,
(iii) pursuant to section 74,
(iv) to reduce the principal amount of any Government securities, or
(v) pursuant to section 31(1);
(cc) “supply
vote” means
(i) the authority contained in an Act and identified as a vote in
that Act to spend the amount of money in the General Revenue Fund indicated in
the vote, or
(ii) the authority to spend the amount of money deemed to be a supply
vote or part of a supply vote by virtue of section 26(3) or (4), as the case
may be;
(dd) “voting
share” means a share of any class of shares of a corporation carrying full or
limited voting rights ordinarily exercisable at meetings of shareholders of the
corporation and a share of any class of shares of a corporation carrying voting
rights by reason of a contingency that has occurred and is continuing.
(2) If
any question arises
(a) as
to which person is the deputy head of a particular department or part of a
department for the purposes of this Act,
(b) as
to whether an unincorporated board, commission, council or other body is a
department or part of a department for the purposes of this Act, or
(c) as
to which person or group of persons is the fund administrator of a particular
regulated fund,
the question is to be
decided by the Treasury Board.
(3) Notwithstanding subsection (1)(e)(i) and (ii),
an entity described in subsection (1)(e)(i) or (ii) is not a Crown‑controlled
organization if a majority of the members of the entity are appointed or
designated by one person.
RSA 2000 cF‑12
s1;2003 c2 s1(2);2004 c7 s2
Application of Act
2(1) This Act and the regulations operate
notwithstanding any other Act except the Alberta
Bill of Rights, the Freedom of
Information and Protection of Privacy Act and the Human Rights, Citizenship and Multiculturalism Act, whether enacted
before or after the commencement of this Act, unless the contrary is expressly
declared in this Act or the regulations or in any other Act.
(2) The
Lieutenant Governor in Council, on the recommendation of the Minister
responsible, may by regulation exempt a Provincial agency, fund administrator,
revenue officer or class of revenue officer from this Act to the extent
prescribed in the regulation in respect of that Provincial agency, fund
administrator, revenue officer or class of revenue officer.
(3) A
reference to “the whole Act” in a regulation made pursuant to subsection (2)
shall be construed as excluding this section.
(4) A
regulation made pursuant to subsection (2) that exempts, or adds to the
exemptions applicable to, a Provincial agency, fund administrator, revenue
officer or class of revenue officer may be retroactive to the extent set out in
the regulation.
(5) This
Act, except this section and sections 1, 5, 6, 7, 13(3), 77, 80 and 81, does
not apply to the following:
(a) the
board of a university under the Post‑secondary Learning Act,
(b) the
initial governing authority of a university under the Post‑secondary
Learning Act,
(c) the
board of a public college under the Post‑secondary Learning Act,
(d) the
initial governing authority of a public college under the Post‑secondary
Learning Act,
(e) the
board of a technical institute under the Post‑secondary Learning Act,
(f) the
initial governing authority of a technical institute under the Post‑secondary
Learning Act,
(g) the
Alberta Heritage Foundation for Medical Research,
(h) a
provincial health board under the Regional
Health Authorities Act,
(i) a
mental health hospital board under the Mental
Health Act,
(j) the
Alberta Heritage Foundation for Science and Engineering Research,
(k) the
Alberta Cancer Board, or
(l) a
corporation that is a subsidiary of a corporation referred to in clauses (a) to
(k) or that is controlled by a corporation referred to in clauses (a) to (k)
directly or indirectly through one or more intermediary corporations.
(6) Notwithstanding
subsection (5), in exercising its powers under sections 5 and 7 as they apply
to a Provincial corporation referred to in subsection (5), the Treasury Board
shall make or issue regulations or directives only respecting the financial
operations of, reporting by and compliance with this or any other Act by those
corporations.
(7) Repealed 2004 c7 s3.
RSA 2000 cF‑12
s2;2003 cP‑19.5 s138;
2003 c2 s1(19);2004 c7 s3
Crown’s fiscal year
3 The fiscal year of the Crown is April 1 to the
following March 31.
RSA 1980 cF‑9 s3
Part 1
Organization
Treasury Board
Treasury Board
4(1) There is hereby established a board called the
“Treasury Board” composed of the Minister responsible, who shall be the chair,
and not fewer than 4 other members appointed by the Lieutenant Governor in
Council.
(2) The
Treasury Board shall have a secretary who shall be appointed by the Board.
(3) The Treasury Board may determine its rules and
methods of procedure.
RSA 2000 cF‑12
s4;2003 c2 s1(19)
Duties of Treasury Board
5(1) The Treasury Board may formulate general
management policies relating to the business and affairs of the Crown and
Provincial agencies and do any acts it considers necessary to ensure that those
policies are carried out.
(2) The Lieutenant Governor in Council may, by
order, amend or revoke an action of the Board done under subsection (1).
RSA 1980 cF‑9 s5
Power to obtain
information
6(1) Every public employee, public official,
personal service contractor, revenue officer, Provincial agency, Crown‑controlled
organization or agent of the Crown shall furnish to the Treasury Board any
information, in the form of a record or otherwise, that the Board considers
necessary in connection with the exercise or performance of its powers and
duties under this or any other Act.
(2) Every person who receives information under
this section from a person whose right to disclose that information is
restricted by law, holds that information under the same restrictions
respecting disclosure as governed the person from whom the information was
obtained.
RSA 1980 cF‑9
s6;1993 c19 s4
Regulations and
directives
7 The Treasury Board may make regulations and
issue directives that it considers necessary in connection with the exercise or
performance of its powers and duties under this or any other Act.
RSA 1980 cF‑9 s7
Evidence of regulations
and directives
8(1) A document purporting to be a regulation or
directive of the Treasury Board and purporting to be signed by its chair shall
be admitted in evidence as proof, in the
absence of evidence to the contrary, of the regulation or directive and that
the chair was authorized to sign it, without proof of the appointment or
signature of the chair.
(2) A document purporting to be a copy of a regulation
or directive of the Treasury Board and having endorsed on it a certificate
purporting to be a certificate of the secretary of the Board stating that the
document is a true copy shall be admitted in evidence as proof, in the absence
of evidence to the contrary, of the regulation or directive, without proof of
the appointment or signature of the secretary.
RSA 1980 cF‑9 s8
Treasury Department
Controller
9 In accordance with the Public Service Act, there may be
appointed a Controller.
RSA 1980 cF‑9
s10;1994 cG‑8.5 s32
Financial responsibility
10(1) The Minister responsible is responsible for all
matters related to the financial affairs of the Crown except those assigned to
another person under this or any other Act and may engage in activities of a
financial nature in connection with that responsibility.
(1.1) Subject to the approval of the
Treasury Board, amounts required to be paid under agreements entered into for
the purpose of managing fiscal risk may be paid out of the General Revenue
Fund.
(2) The
Minister responsible may prescribe the form and contents of the financial
records of the Crown and of Provincial agencies.
(3) The
Crown’s obligations in respect of the following pension plans shall be included
in the financial records of the Crown in accordance with generally accepted
accounting principles:
(a) Local
Authorities Pension Plan;
(b) Public
Service Pension Plan;
(c) Universities
Academic Pension Plan;
(d) Special
Forces Pension Plan;
(e) Management
Employees Pension Plan;
(f) Public
Service Management (Closed Membership) Pension Plan;
(g) Members
of the Legislative Assembly Pension Plan;
(h) the Teachers’ Pension Plans.
RSA 2000 cF‑12
s10;2003 c2 s1(3),(19)
Responsibility of deputy
head
11(1) The deputy head is responsible for the
collection of revenue payable to the Crown under an enactment administered by
the department head.
(2) The
deputy head is responsible for making and controlling disbursements with
respect to the department.
(3) The
deputy head shall implement in the department the procedures the deputy head
considers necessary to ensure that this Act, the regulations, orders and
directives under this Act and any other applicable Act are complied with in the
collection and control of revenue.
(4) The deputy head shall prescribe the accounting
system to be used in the department.
1995 c31 s4(6)
12 Repealed 2003 c2 s1(4).
Power to obtain
information
13(1) Every public employee, public official,
personal service contractor, revenue officer, Provincial agency, Crown‑controlled
organization or agent of the Crown shall furnish to the Minister responsible
any information, in the form of a record or otherwise, that the Minister
responsible considers necessary in connection with the exercise or performance
of any of the Minister’s powers and duties under this or any other Act.
(2) Every
person who receives information under subsection (1) from a person whose right
to disclose that information is restricted by law, holds that information under
the same restrictions respecting disclosure as governed the person from whom
the information was obtained.
(3) A Provincial corporation or Crown‑controlled
organization shall, on request, furnish a copy of its financial statements to
the Minister responsible.
RSA 2000 cF‑12
s13;2003 c2 s1(19),(20)
Part 2
Receipt of Public Money
General Revenue Fund
14(1) There shall be one General Revenue Fund to be
appropriated to the public service of Alberta into which all public money must
be paid except
(a) money
over which the Legislature has no power of appropriation, and
(b) money
that is otherwise specially disposed of by this or any other Act.
(2) The General Revenue Fund shall be held and
administered by the Minister responsible.
RSA 2000 cF‑12
s14;2003 c2 s1(19)
Banking arrangements
15(1) The Minister responsible may establish,
maintain or close accounts in the name of the Crown with any bank, treasury
branch or other financial institution the Minister responsible designates on
any terms the Minister responsible considers appropriate.
(2) The
Minister responsible may make any arrangements for the deposit of public money
not forming part of a regulated fund that the Minister responsible considers
appropriate.
(3) Subject
to any directions given under section 16, a fund administrator may establish,
maintain or close accounts in the name of the regulated fund that the fund
administrator administers with any bank, treasury branch or other financial
institution on any terms the fund administrator considers appropriate.
(4) A fund administrator may make any arrangements
for the deposit of money forming part of the regulated fund that the fund
administrator administers that the fund administrator considers appropriate.
RSA 2000 cF‑12
s15;2003 c2 s1(19)
Banking arrangements of
Provincial agencies, etc.
16 The Minister responsible may issue directives to
a Provincial agency or fund administrator as to its arrangements for
establishing, maintaining or closing accounts in the name of the Provincial
agency or fund administrator with any bank, treasury branch or other financial
institution that the Minister responsible may designate.
RSA 2000 cF‑12
s16;2003 c2 s1(19)
17 Repealed 2003 c2 s1(5).
Regulated funds
18(1) A fund that is referred to in a directive or
minute issued by the Treasury Board before October 14, 1993 and that is a
regulated fund under section 1(1)(w), including but not limited to the
Provincial Judges and Masters in Chambers Pension Fund, is validated and deemed
for the purposes of this and any other Act
to be a regulated fund from the date on which the directive or minute
was issued.
(2) The
following funds are deemed to be regulated funds in accordance with the terms
in the deed by which they were established from the date on which the deed was
made:
(a) Government
of Alberta Dental Plan Trust;
(b) Government
Employees’ Group Extended Medical Benefits Plan Trust.
(3) Notwithstanding this or any other Act, the
Provincial Judges and Masters in Chambers Pension Fund may be invested in
accordance with section 43.
1993 c19 s8;1995 c31
s4(9)
Examination and seizure
of records
19(1) Records prepared or kept by a revenue officer
or an agent or employee of a revenue officer in that person’s capacity as a
revenue officer or agent or employee of a revenue officer, whether or not those
records are in the possession of the revenue officer, agent or employee or are
in the possession of another person shall be open to inspection at all
reasonable times by the deputy head or a person authorized by the deputy head.
(2) The
deputy head may apply ex parte to the Court of Queen’s Bench for an order that
the deputy head or a person authorized by the deputy head may, for any purpose
related to the administration of this Act,
(a) enter
at all reasonable times into any place where a business of the revenue officer
specified in the application or an agent or employee of that revenue officer is
carried on,
(b) examine
or seize and take away a record that is part of the records of the revenue
officer prepared or kept pursuant to this Act,
(c) examine
or seize and take away a record that, in the opinion of the deputy head or
person authorized by the deputy head, will assist the deputy head or person
authorized by the deputy head in determining the accuracy of the records that
are prepared or kept by the revenue officer, and
(d) require
a person at the place to give the deputy head or person authorized by the
deputy head all reasonable assistance in carrying out the deputy head’s or
authorized person’s powers under clauses (b) and (c),
and the Court may, on
being satisfied that an order is necessary for the proper administration of
this Act, make an order it considers appropriate.
(3) The deputy head or any person authorized by the
deputy head may make copies of records seized under subsection (2) and may,
instead of returning the original of a record, provide the revenue officer or
the revenue officer’s agent or employee with a copy of the record.
RSA 1980 cF‑9
s23;1995 c31 s4(11)
Recovery of money when
revenue officer dies, etc.
20 When a revenue officer dies, ceases to be a
revenue officer or is for any reason unable to act as a revenue officer, the
revenue officer, former revenue officer, personal representative of the revenue
officer or any person who comes into possession of public money as a result of
a revenue officer dying or ceasing to be, or being unable to act as, a revenue
officer shall forthwith pay any balance of public money held by that person
(a) in
the case of public money held on behalf of a Provincial agency, to the
Provincial agency or person designated by the Provincial agency, or
(b) in any other case, to the Minister
responsible or person designated by the Minister responsible.
RSA 2000 cF‑12
s20;2003 c2 s1(19)
Remission of royalties,
taxes, etc.
21(1) If the Lieutenant Governor in Council considers
it in the public interest to do so, or considers it advisable to do so in a
case or class of cases where injustice or great hardship to a person has
resulted or is likely to result, the Lieutenant Governor in Council may order the
remission of
(a) any
royalty or any tax, fee or other sum, paid or payable to the Crown and imposed
or authorized under an Act of the Legislature,
(b) any
pecuniary penalty, fine or forfeiture imposed under a law in force in Alberta,
notwithstanding that the whole or part of it is payable to the informer,
prosecutor or another person, or
(c) any
debt paid or payable to the Crown or a Provincial agency.
(2) Notwithstanding
subsection (1), if the Treasury Board considers it in the public interest to do
so, or considers it advisable to do so in a case where injustice or great
hardship to a person has resulted or is likely to result, it may order the
remission of
(a) any
royalty or any tax, fee or other sum, paid or payable to the Crown and imposed
or authorized under an Act of the Legislature,
(b) any
pecuniary penalty, fine or forfeiture imposed under a law in force in Alberta,
notwithstanding that the whole or part of it is payable to the informer, the
prosecutor or another person, or
(c) any
debt paid or payable to the Crown or a Provincial agency.
(3) Notwithstanding
subsections (1) and (2), if the Minister responsible considers it in the public
interest to do so, or considers it advisable to do so in a case where injustice
or great hardship to a person has resulted or is likely to result, the Minister
responsible may order the remission of any debt not exceeding $25 000 paid
or payable to the Crown or a Provincial agency.
(4) A
remission pursuant to subsection (1), (2) or (3) may be total or partial or
unconditional or conditional.
(5) A
remission pursuant to subsection (1) may be authorized by regulation in a
particular case.
(6) A
remission of a royalty or a tax, fee or other sum referred to in subsections
(1)(a) and (2)(a) may be ordered before or after liability for the royalty or
the tax, fee or other sum arises.
(7) If
the order for remission is conditional and that condition is not performed with
respect to a remission, the order becomes void with respect to that remission
and all proceedings may be had and taken as if the order had not been made.
(8) Subsections
(1) and (2) do not apply with respect to a pecuniary penalty, fine or
forfeiture
(a) imposed
by or under the Legislative Assembly Act,
the Election Act, the Senatorial Selection Act or the Election Finances and Contributions
Disclosure Act, or
(b) recoverable in respect of an offence
committed in connection with the election of a member of the Legislative
Assembly.
RSA 2000 cF‑12
s21;2003 c2 s1(19)
Compromises
22(1) No amount owing to the Crown or a Provincial
agency may be compromised except pursuant to this section.
(2) If
in the opinion of the Treasury Board an amount owing to the Crown or to a
Provincial agency is not recoverable or the recovery of an amount owing to the
Crown or to a Provincial agency is not cost effective, the Treasury Board may
direct a compromise respecting the amount.
(3) The
Treasury Board may make regulations or issue directives
(a) delegating
its powers under subsection (2) to any public employee, public official or
personal service contractor,
(b) controlling
or limiting the exercise of the powers so delegated, and
(c) prescribing the conditions for the
collection or partial collection of amounts owing to the Crown or a Provincial
agency.
RSA 1980 cF‑9
s27;1994 c31 s2
Statement of remissions,
compromises and write-offs
23 Remissions and compromises
made or approved under sections 21 and 22 and any write‑offs made or
approved during a fiscal year shall be reported in the public accounts for the
fiscal year in which they were made or approved.
RSA 2000 cF‑12
s23;2003 c2 s1(6)
Part 3
Supply Votes
Estimates
24(1) Estimates shall contain
(a) the
proposed supply votes that are to be voted on by the Legislative Assembly,
(b) the
amounts to be paid out of the General Revenue Fund to redeem obligations under
Part 6 that have original terms to maturity of less than one year to the extent
that the obligations are not proposed to be replaced by the incurring of other
obligations under Part 6 that have original terms to maturity of less than one
year,
(c) any
other amounts permitted or required to be paid out of the General Revenue Fund
pursuant to this or any other Act that are not required to be voted on by the
Legislative Assembly,
(d) the
amounts to be paid out of the General Revenue Fund under section 58 to make
advances or purchase securities to the extent that the amounts are not paid to
replace other advances or securities that were made or purchased under section
58, and
(e) any
other information that the Minister responsible considers appropriate.
(2) If
the details in the estimates respecting a supply vote show a credit or
recovery, the amount authorized to be spent under the supply vote is deemed to
include
(a) the
amount of the supply vote, and
(b) all
or part of any projected increase in the credit or recovery that is calculated
from time to time during the fiscal year and approved by the Treasury Board.
(3) Subject
to subsection (4), if the details in the estimates respecting a supply vote
show a credit or recovery and the amount received or receivable by the Crown in
the fiscal year is less than the total of the amount in the estimates and the
amount, if any, of a projected increase approved by the Treasury Board under
subsection (2), the difference shall be charged against a supply vote for the
following fiscal year.
(4) If
the total of the expenditures in a fiscal year under a supply vote is less than
the amount authorized to be spent under that supply vote, the difference shall
be subtracted from an amount required to be charged against a supply vote for
the following fiscal year under subsection (3).
(5) Estimates shall be prepared by the Minister
responsible.
RSA 2000 cF‑12
s24;2003 c2 s1(19)
Payments based on
agreements
25(1) A payment from the General Revenue Fund may be
made, with the approval of the Treasury Board, if
(a) money
forming part of the General Revenue Fund is held or receivable by the Crown for
the purpose of or as a contribution toward payments to be made by the Crown
under an agreement to which the Crown is a party,
(b) the
payment is made in accordance with the terms of the agreement, and
(c) the
aggregate of all the payments made is not more than the total amount held or
receivable by the Crown under the agreement.
(2) If
a payment is made under subsection (1) and money receivable by the Crown under
the agreement is not received by the time specified in the agreement, the
amount paid from the General Revenue Fund must be charged to a supply vote with
the same or a comparable purpose in the next fiscal year after the one in which
the money was receivable.
(3) Payments made under subsection (1) shall be
reported in the public accounts for the fiscal year in which the payment was
made.
1993 c19 s10
Special warrants
26(1) When at any time the Legislative Assembly is
not in session the Minister responsible
(a) reports
that the Minister having charge of any matter has certified that, in the public
interest, an expenditure of public money is urgently required with respect to
that matter, and
(b) reports
either that
(i) there is no supply vote under which an expenditure with respect
to that matter may be made, or
(ii) there is a supply vote under which an expenditure with respect to
that matter may be made but the authority available under the supply vote is
insufficient,
the Lieutenant
Governor in Council may order a special warrant to be prepared to be signed by
the Lieutenant Governor authorizing the expenditure of the amount of money
estimated to be required.
(2) For
the purposes of subsection (1), if the Legislative Assembly is adjourned for a
period of more than 14 days, the Assembly is deemed not to be in session during
the period of the adjournment.
(3) When
a special warrant has been prepared and signed under subsection (1) on the
basis of a report referred to in subsection (1)(b)(i), the authority to spend
the amount of money specified in the special warrant for the purpose specified
in the special warrant is deemed to be a supply vote for the purposes of this
Act.
(4) When
a special warrant has been prepared and signed under subsection (1) on the
basis of a report referred to in subsection (1)(b)(ii), the authority to spend
the amount of money specified in the special warrant is, for the purposes of
this Act, added to and deemed to be part of the supply vote to which the report
relates.
(5) When a special warrant has been prepared and
signed pursuant to this section, the amounts authorized by it are deemed to be
included in, and not to be in addition to, the amounts authorized by the Act,
not being an Act for interim supply, enacted next after the signing of the
warrant for granting to Her Majesty sums of money to defray certain
expenditures of the Public Service of Alberta.
RSA 2000 cF‑12
s26;2003 c2 s1(19)
Treasury Board
regulations or directives
27 The Treasury Board may make regulations or issue
directives establishing controls and limitations respecting the making of
expenditures and the authorization of disbursements.
RSA 2000 cF‑12
s27;2004 c7 s4
Annual lapse of supply
votes and regulated funds
28(1) After the end of a fiscal year
(a) no
expenditure shall be made under the authority of a supply vote for that fiscal
year, and
(b) no
disbursement shall be made from that part of a regulated fund made up of
payments under the authority of a supply vote for that fiscal year,
except pursuant to
subsection (4), and the authority to make expenditures or disbursements from
the balance of the supply vote or the balance of that part of the regulated
fund made up of payments under the authority of a supply vote, not charged with
a liability pursuant to subsection (4), lapses.
(2) The
deputy head of a department or a fund administrator shall record and submit to
the Minister responsible, in the form and manner prescribed by the Minister
responsible, a record of all liabilities relating, for that fiscal year,
(a) to
a supply vote under the administration of the department head of the department
of which the deputy head is deputy head, or
(b) to
that part of a regulated fund of which the fund administrator is fund
administrator, made up of payments under the authority of a supply vote.
(3) The
Minister responsible shall record any liabilities relating, for that fiscal
year, to a supply vote or to a regulated fund made up of payments under the
authority of a supply vote.
(4) Liabilities
recorded pursuant to subsection (3) shall be paid and charged against a supply
vote or regulated fund to the extent of the authority available for that fiscal
year
(a) to
make disbursements from the supply vote, or
(b) to
make disbursements from that part of the regulated fund made up of payments
under the authority of a supply vote,
and, if the authority
available is insufficient, may be paid and charged against a supply vote or
that part of a regulated fund made up of payments under the authority of a
supply vote, as the case may be, for the following fiscal year.
(5) Any
liability charged under subsection (4) against a supply vote or regulated fund
for a following fiscal year shall be reported in the public accounts for the
fiscal year in which the liability was incurred.
(6) The
Minister responsible may make regulations or issue directives prescribing the
form and manner in which liabilities are to be recorded and submitted under
subsection (2).
(7) For the purposes of this section, the Minister
responsible may determine what constitutes a liability and, in respect of a
regulated fund, what part of that regulated fund is made up of payments under
the authority of a supply vote, and the Minister’s determination is conclusive.
RSA 2000 cF‑12
s28;2003 c2 s1(19),(20)
Carry over of capital
investment supply votes
28.1(1) In
this section, “capital investment supply vote” means a supply vote classed as
capital investment.
(2) Where, at the end of a fiscal year,
a capital investment supply vote for that fiscal year has an unexpended
balance, the Treasury Board may authorize that balance or any portion of that
balance to be spent, notwithstanding section 28(1), in the fiscal year following
the year for which the money was originally voted.
(3) An authorization under subsection
(2) must be made on or before August 31 in the fiscal year following the year
for which the money was originally voted.
(4) A payment made under an authorization
under subsection (2) must be reported in the public accounts for the fiscal
year in which the payment is made.
(5) This section applies to the 2003‑04
and subsequent fiscal years.
2003 c2 s1(7)
Part 4
Disbursement of Public Money
Definitions
29 In this Part,
(a) “accounting
officer” means a public employee, public official or personal service
contractor designated as an accounting officer pursuant to section 38;
(b) “department”
includes
(i) the Legislative Assembly Office,
(ii) the Office of the Auditor General,
(iii) the Office of the Ombudsman,
(iv) the Office of the Chief Electoral Officer,
(v) the Office of the Ethics Commissioner, and
(vi) the Office of the Information and Privacy Commissioner;
(c) “department
head” includes
(i) the Speaker with respect to the Legislative Assembly Office,
(ii) the Auditor General with respect to the Office of the Auditor
General,
(iii) the Ombudsman with respect to the Office of the Ombudsman,
(iv) the Chief Electoral Officer with respect to the Office of the
Chief Electoral Officer,
(v) the Ethics Commissioner with respect to the Office of the Ethics
Commissioner, and
(vi) the Information and Privacy Commissioner with respect to the
Office of the Information and Privacy Commissioner;
(d) “deputy
head” includes
(i) the Clerk of the Legislative Assembly with respect to the
Legislative Assembly Office,
(ii) the Auditor General with respect to the Office of the Auditor
General,
(iii) the Ombudsman with respect to the Office of the Ombudsman,
(iv) the Chief Electoral Officer with respect to the Office of the
Chief Electoral Officer,
(v) the Ethics Commissioner with respect to the Office of the Ethics
Commissioner, and
(vi) the Information and Privacy Commissioner with respect to the
Office of the Information and Privacy Commissioner;
(e) “expenditure officer” means a public
employee, public official or personal service contractor designated as an
expenditure officer pursuant to section 37.
RSA 1980 cF‑9
s33;1983 cL‑10.1 s57;1991 cC‑22.1 s51;
1994 cF‑18.5 s96;1995 c31 s4(16)
Reporting of special
warrants
30 Special warrants and the payments made
under the authority provided by each of those warrants shall be reported in the
public accounts for the fiscal year for which the special warrants were issued.
RSA 2000 cF‑12
s30;2003 c2 s1(8)
Accountable advances
31(1) The Minister responsible may make accountable
advances from the General Revenue Fund
(a) to
an account administered by a department head or to a fund administrator
(i) for the purpose of refunding money
(A) that has been deposited, or
(B) that is required to be deposited,
in the General
Revenue Fund, or
(ii) for any other purpose permitted by the Treasury Board,
or
(b) to
any public employee, public official, personal service contractor or other
person temporarily or otherwise employed or engaged on the public business for
the purpose of paying travelling and other necessary expenses, but no
accountable advance may be made under this clause otherwise than in accordance
with regulations made by the Treasury Board.
(2) A
fund administrator may make accountable advances from the regulated fund that
the fund administrator administers
(a) to
any public employee, public official, personal service contractor or other
person temporarily or otherwise engaged in the public business for the purpose
of paying travelling and other necessary expenses, or
(b) for
any other purpose approved by the Treasury Board,
but no accountable
advance may be made under this subsection otherwise than in accordance with
regulations made by the Treasury Board.
(3) Sections
36(2), 37 and 38 do not apply to disbursements made from an accountable advance
made pursuant to subsection (1)(b) or (2)(a).
(4) A
fund administrator or the deputy head of a department whose department head
administers an account that receives an accountable advance and any other
recipient of an accountable advance from the General Revenue Fund shall account
for it at the times and in the manner the Minister responsible directs, and on
a demand by the Minister responsible shall repay any part of the advance not
accounted for to the Minister’s satisfaction.
(5) The recipient of an accountable advance from a
regulated fund shall account for it at the times and in the manner the fund
administrator directs, and on demand by the fund administrator shall repay any
part of the advance not accounted for to the fund administrator’s satisfaction.
RSA 2000 cF‑12
s31;2003 c2 s1(19),(20)
Advances to Alberta
Heritage Savings Trust Fund
32 On the direction of the Treasury Board, the
Minister responsible shall advance money from the General Revenue Fund to the
Alberta Heritage Savings Trust Fund in the amounts specified in the direction
on any terms and conditions the Treasury Board may impose.
RSA 2000 cF‑12
s32;2003 c2 s1(19)
Interest on advances and
unremitted earnings
33(1) Every Provincial agency and fund administrator
shall pay interest to the Minister responsible or a fund administrator on any
advance to the Provincial agency or fund administrator from the General Revenue
Fund or the regulated fund administered by the fund administrator, as the case
may be, at the rate or rates fixed by the Treasury Board.
(2) A
Provincial agency shall, on demand, remit to the Minister responsible all or
any part of its net earnings and retained earnings as specified by the Minister
responsible.
(3) Every
Provincial agency shall pay interest to the Minister responsible on the net
earnings and retained earnings of the Provincial agency not remitted to the
Minister responsible pursuant to subsection (2) at the rate or rates fixed by
the Treasury Board.
(4) For
the purpose of subsections (2) and (3), the Treasury Board may determine the
net earnings and retained earnings of a Provincial agency.
(5) Interest
payable under subsection (3) must be computed from the end of the fiscal year
in which the earnings were earned.
(6) Notwithstanding subsections (1) and (3), the
Treasury Board may exempt a Provincial agency or fund administrator from the
payment of all or any part of the interest payable under this section.
RSA 2000 cF‑12
s33;2003 c2 s1(19);2004 c7 s5
Payment of rebate,
refund or commission
34(1) Every rebate or refund of revenues payable from
public money under any Act must be paid out of the General Revenue Fund and
must be shown as a deduction from those revenues in the accounts of the Crown.
(2) Every commission payable from public money
under any Act for which no authority for payment exists under a supply vote
must be paid out of the General Revenue Fund.
RSA 1980 cF‑9 s46
Interest on accounts due
35 The Treasury Board may direct the payment of
interest on accounts due to suppliers of goods or services to the Crown on any
terms and conditions that it determines.
RSA 1980 cF‑9 s47
Disbursements
36(1) The Minister responsible may make arrangements
with a bank, treasury branch or other financial institution for the transfer of
money for the purpose of making disbursements.
(2) Except as otherwise provided in this Act, a
deputy head, a fund administrator or a Provincial agency shall implement those
procedures that the deputy head, fund administrator or Provincial agency
considers necessary to ensure that this Act, the regulations, orders and
directives under this Act and any other applicable Act are complied with when a
disbursement is made for the department, from the fund or by the Provincial
agency, as the case may be.
RSA 2000 cF‑12
s36;2003 c2 s1(19)
Expenditure officers
37(1) A deputy head shall designate one or more
public employees, public officials or personal service contractors as
expenditure officers for the department.
(2) A
fund administrator shall designate one or more public employees, public
officials or personal service contractors as expenditure officers for the
regulated fund.
(3) A
Provincial agency shall designate one or more members, officers or employees of
the Provincial agency as expenditure officers for the Provincial agency.
(4) A disbursement must be authorized by
an expenditure officer for the relevant department, regulated fund or
Provincial agency.
(5) An expenditure officer for the
relevant department, regulated fund or Provincial agency may authorize a
disbursement
(a) before
it is made and only if the expenditure officer is satisfied that the
disbursement is in an amount that complies with the terms of a contract
approved by an expenditure officer or, if there is no contract, that it is
appropriate in the circumstances, or
(b) in accordance with regulations made or
directives issued by the Treasury Board under section 27.
RSA 2000 cF‑12
s37;2004 c7 s6
Accounting officers
38(1) A deputy head shall designate one or more
public employees, public officials or personal service contractors of the
department as accounting officers for the department.
(2) A
fund administrator shall designate one or more public employees, public
officials or personal service contractors as accounting officers for the
regulated fund.
(3) A
Provincial agency shall designate one or more members, officers or employees of
the Provincial agency as accounting officers for the Provincial agency.
(4) A
deputy head or a Provincial agency may designate as an accounting officer for
the department or the Provincial agency, as the case may be,
(a) with
the approval of the deputy head of another department, a public employee,
public official or personal service contractor of that other department, or
(b) with
the approval of the Provincial agency, a member, officer or employee of a
Provincial agency.
(5) A disbursement must be authorized by
an accounting officer for the relevant department, regulated fund or Provincial
agency.
(6) An accounting officer for the
relevant department, regulated fund or Provincial agency may authorize a
disbursement
(a) before
it is made and only if the accounting officer is satisfied that
(i) the disbursement is authorized by an expenditure officer,
(ii) in the case of an expenditure,
(A) the expenditure is for a purpose authorized
by the applicable appropriation, and
(B) there is money available in the applicable
appropriation to pay the amount required,
(iii) in the case of a disbursement that is not an expenditure, the
disbursement is consistent with the purpose for which the money is available
and there is money available to pay the amount required,
(iv) if the payment is for goods or services, the goods have been
received or the services provided, and
(v) the amount of the payment is correct,
or
(b) in
accordance with regulations made or directives issued by the Treasury Board
under section 27.
RSA 2000 cF‑12
s38;2004 c7 s7
Qualifications
39(1) An accounting officer must be an individual
designated by name and not by office or title.
(2) An
expenditure officer must be an individual.
(3) An individual shall not act as both an
accounting officer and an expenditure officer with respect to the same
transaction.
RSA 1980 cF‑9
s35;1994 c31 s2
Part 5
Investments
Definitions
40 In this Part,
(a) “depositor”
means a person who is designated as a depositor of the Investment Fund by a
regulation made under section 47(2), but does not include a person who is
deemed not to be a depositor pursuant to section 47(8);
(b) “designated
fund” means
(i) a fund or account that is held or maintained by a depositor and
that is described or specified by name in a regulation made under section
47(2), or
(ii) the money or investments of a depositor that are described or
specified by name in a regulation made under section 47(2),
but does not include a
fund, account, money or investments deemed not to be a designated fund pursuant
to section 47(8);
(c) “Investment Fund” means the Consolidated
Cash Investment Trust Fund.
RSA 1980 cF‑9 s48
Trusts not to be
affected
41(1) This Part does not apply to, and no orders
shall be made under section 47(2) so as to affect, any fund, account, money or
investments held by a depositor in trust
(a) if
there is an express trust or direction, whether in an Act or otherwise, for the
investment of the money or funds so held in trust, or
(b) if
the trust would, except for section 48, be breached if any of the money or
funds were transferred to the Investment Fund.
(2) A reference to a fund or account that is a
designated fund shall be read as referring to the money in that fund or account
and an investment made from money in that fund or account.
RSA 1980 cF‑9
s49;1983 c29 s5
Restrictions on
investment by Crown and Provincial agencies
42(1) For the purposes of this section,
(a) “shares”
means
(i) any equity or other share or interest in the capital, property,
profits or earnings of a corporation, or
(ii) with reference to an interest in the success of a corporation,
any instrument commonly known as a share, stock, unit or participation
certificate or any similar term, or any communication, including one by
electronic means, evidencing such an interest,
(b) shares
are purchased if and only if they are acquired for a consideration that
consists of or includes the payment of money,
(c) a
loan of money is made if and only if the borrower is unconditionally required
at the time the loan is made to make future repayment of all or part of the
money advanced and regardless of by what name the transaction is called, and
(d) section
73 applies with respect to a specific authorization under this section.
(2) Notwithstanding
any other law, including section 2, a member of the Executive Council shall
not, on behalf of the Crown, directly or indirectly purchase shares, make a
loan of money, acquire an existing loan of money or, in a transaction involving
the payment of any money, enter into a joint venture or partnership unless that
transaction or transactions of a class into which that specific transaction
falls are specifically authorized by or under
(a) an
Act, or
(b) a
subsisting regulation that was in force immediately before May 24, 1996, made
under this or any other Act.
(3) A
member of the Executive Council shall not introduce into the Legislative
Assembly an appropriation Bill, or Estimates under such a Bill, that would
involve the Crown’s entering into a transaction referred to in subsection (2)
unless that transaction or transactions of a class into which that specific
transaction falls are specifically authorized by or under an Act or a
regulation referred to in subsection (2)(b).
(4) Subsection
(2) does not affect any right, privilege, obligation or liability that by law
(a) had
been acquired or incurred and was still in effect, or
(b) was
accrued or accruing
immediately before May
24, 1996.
(5) A body that is created or that becomes a
Provincial agency on or after May 24, 1996 shall not carry on the business of
purchasing shares, making loans of money or acquiring existing loans of money
unless specifically authorized to do so by or under an Act.
1996 c10 s1
Tabling share and loan
agreements
42.1 If the Crown, pursuant to an
Act passed on or after May 24, 1996, makes a loan or acquires shares of capital
stock in a corporation, the head of the department that administers that
enabling Act shall lay the loan agreement, the agreement under which the share
is acquired and any material amendment to either agreement before the
Legislative Assembly not later than 45 days after the end of the fiscal year in
which the agreement or amendment, as the case may be, is made or, if the
Legislative Assembly is not then sitting, not more than 15 days after the beginning
of the next sitting.
RSA 2000 cF‑12
s54;2004 c7 s13
Investment of money
43(1) The Minister responsible may make investments
on behalf of the funds in subsection (3) and when doing so shall adhere to
investment and lending policies, standards and procedures that a reasonable and
prudent person would apply in respect of a portfolio of investments to avoid
undue risk of loss and obtain a reasonable return.
(2) The
contravention of subsection (1) does not by itself make any agreement or
transaction void or invalid.
(3) This
section applies with respect to the following:
(a) the
General Revenue Fund;
(b) the
Alberta Heritage Scholarship Fund;
(c) the
Alberta Heritage Foundation for Medical Research Endowment Fund;
(d) the
Alberta Heritage Science and Engineering Research Endowment Fund;
(e) any
other fund approved for the purposes of this section by the Lieutenant Governor
in Council.
(4) The Minister responsible may charge
a cost or expense to
(a) a
fund referred to in subsection (3),
(b) any
fund the Minister responsible is authorized to invest pursuant to an enactment,
or
(c) a
pooled fund established under section 45(2),
if the cost or
expense, in the opinion of the Minister responsible, relates to investing on
behalf of the fund.
(5) Where
the Minister responsible is authorized to make investments in accordance with
subsection (1), whether pursuant to that subsection or pursuant to any other
Act, the Minister responsible may enter into agreements providing for
(a) the
lending of securities acquired or held as assets of the fund or person on whose
behalf the investments are made, and
(b) the
delivery to the Minister responsible of collateral consisting of
(i) securities or classes of securities, or
(ii) letters of credit.
(6) The Minister responsible may engage in
activities of a financial nature respecting investment under this Part.
RSA 2000 cF‑12
s43;2003 c2 s1(9),(19);2004 c7 s9
Securities
44(1) Any securities acquired by disbursement from
the General Revenue Fund under the authority of this or any other Act or a
supply vote shall form part of the General Revenue Fund and be held and
administered by the Minister responsible.
(2) The Minister responsible may hold and dispose
of securities forming part of the General Revenue Fund that are acquired
otherwise than pursuant to section 43.
RSA 2000 cF‑12
s44;2003 c2 s1(19)
Pooled funds
45(1) In this section, “pooled fund” means a pooled
fund established under subsection (2).
(2) The
Minister responsible may establish and maintain one or more pooled funds.
(3) The
Minister responsible may divide a pooled fund into units.
(3.1) Where the Minister responsible is
the trustee of funds, or has the duties of a trustee for investment purposes,
that Minister may invest those funds in pooled funds.
(4) The
Minister responsible may make investments on behalf of a pooled fund in
accordance with section 43.
(5) The
Minister responsible may
(a) make
payments from a pooled fund to acquire, for cancellation or reissuing, all or
part of a unit of the pooled fund, or
(b) distribute income earned by the pooled fund
to unit holders in proportion to the number of units or parts of units each
holds.
RSA 2000 cF‑12
s45;2003 c2 s1(19);2004 c7 s10
Agreement re mortgage
acquisition and management
46 The Minister responsible may enter into an
agreement with a person under which that person provides services to the
Minister responsible for or in connection with
(a) the
acquisition, in the name of that person, of mortgages authorized under this
Act, the Pension Fund Act or the Alberta Heritage Savings Trust Fund Act,
on behalf of the Minister responsible,
(b) the
administration, management, renewal, substitution and disposition of those
mortgages, and
(c) the doing of any act relating to the
recovery of money payable under those mortgages.
RSA 2000 cF‑12
s46;2003 c2 s1(19)
Consolidated Cash
Investment Trust Funds
47(1) The Minister responsible may establish and
maintain one or more Consolidated Cash Investment Trust Funds of which the
Minister responsible shall be the trustee.
(2) Subject
to subsection (4), the Minister responsible may, by order,
(a) designate
a person as a depositor, and specify the fund, account, money or investments,
whether held in trust or otherwise, that is the designated fund of that depositor,
(b) if
more than one Investment Fund is established, identify the Investment Funds of
which a designated person is a depositor,
(c) with
respect to a depositor, alter or replace the description of, add to or remove
any of the designated funds of that depositor, or
(d) remove
a depositor and the designated fund of that depositor from the Investment Fund.
(3) If
the Minister responsible establishes more than one Investment Fund, a reference
in this or any other Act to the Consolidated Cash Investment Trust Fund, the
CCITF or the Investment Fund is deemed to be a reference to all the Investment
Funds established under this section or to the Investment Funds identified
under subsection (2)(b) in respect of a depositor.
(4) In
the case of a depositor other than a Minister of the Crown or a Provincial
agency, the Minister responsible pursuant to subsection (2) shall not
(a) designate
a person as a depositor, or
(b) change
the designated funds of a depositor,
without the prior
consent of that person or depositor.
(5) If
a depositor is a Provincial agency, any dispute arising as a result of an order
under subsection (2) with respect to that Provincial agency shall be referred
to the Treasury Board for settlement.
(6) The
Treasury Board may specify the terms and conditions under which a person or a
class of persons may become or may continue to be a depositor.
(7) If
a person other than a Provincial agency or Minister of the Crown is designated
as a depositor pursuant to subsection (2), that person may give notice in
writing to the Minister responsible to
(a) remove
that person as a depositor of the Investment Fund, or
(b) remove
a designated fund of that person specified in the notice from the Investment
Fund.
(8) At the expiration of 30 days from the receipt
by the Minister responsible of a notice under subsection (7) or at an earlier
time that may be specified by the Minister responsible, the person or the fund,
account, money or investments specified in the notice is deemed not to be a
depositor or designated fund, as the case may be, and the Minister responsible
shall amend the order under subsection (2) accordingly.
RSA 2000 cF‑12
s47;2003 c2 s1(19)
Transfers to Investment
Fund
48 The Minister responsible shall transfer to the
Investment Fund money in a designated fund that is not then required to be paid
for any purpose.
RSA 2000 cF‑12
s48;2003 c2 s1(19)
Investment of Investment
Fund money
49 The Minister responsible shall invest money in
the Investment Fund in accordance with section 43.
RSA 2000 cF‑12
s49;2003 c2 s1(19)
Investment of sinking
fund money
50 Subject to an order of the Lieutenant Governor
in Council under section 67, money in a sinking fund created for the repayment
of a loan or Government security may be invested in accordance with section 43.
RSA 1980 cF‑9
s55;1995 c31 s4(24)
Disposing of investments
51 The Minister responsible may dispose of
securities or investments acquired or held under this Part.
RSA 2000 cF‑12
s51;2003 c2 s1(19)
Administration of
Investment Fund
52(1) Money paid into the Investment Fund, including
earnings, must be credited forthwith to the Investment Fund in one or more
accounts in a bank, treasury branch or other financial institution, and that
money is to be used only in accordance with this Part.
(2) No
money shall be credited to an account referred to in subsection (1) other than
money received by the Investment Fund pursuant to this Part.
(3) Dividends,
interest, proceeds of the sale of securities and other receipts and brokerage
fees, taxes, costs of purchasing or disposing of securities, overdraft costs
and other payments from the Investment Fund shall be paid into, paid out of or
chargeable against, the account or accounts kept under subsection (1), and the
net profit or loss, except as provided by regulations made or directives issued
by the Treasury Board, shall be allocated to the designated funds in proportion
to the net contributions of the respective depositors in relation to their
designated funds in the Investment Fund.
(4) Not
less than once each fiscal year, the Minister responsible shall
(a) deposit
the net profit allocated under subsection (3), or
(b) charge
the net loss allocated under subsection (3),
from the Investment
Fund to the appropriate designated fund.
(5) The
Lieutenant Governor in Council may authorize the Minister responsible to borrow
for the Investment Fund by way of overdraft at a bank, treasury branch or other
financial institution up to a maximum of $100 000 000.
(6) The
Minister responsible shall keep proper books and accounts for the Investment
Fund, including a separate account for each fund or class of funds contributed
by each depositor and showing the depositor’s participation in the Investment
Fund, including all deposits, all withdrawals and the net profits or losses
allocated under subsection (3).
(7) As soon as possible after the end of each
month, the Minister responsible shall give each depositor a true statement of
the depositor’s account in the Investment Fund.
RSA 2000 cF‑12
s52;2003 c2 s1(19)
Retransfer to depositor
53(1) The Minister responsible shall transfer from
the Investment Fund to a designated fund of the Minister responsible or to an
account established under section 15, to the extent of the participation of the
designated fund in the Investment Fund, money that is then required by the
Minister responsible for the purpose of making a disbursement from the
designated fund.
(2) On being directed by a depositor to do so, the
Minister responsible shall transfer from the Investment Fund to the depositor’s
designated fund specified in the direction, to the extent of the participation
of the designated fund in the Investment Fund, money that is then required by
the depositor to meet an obligation.
RSA 2000 cF‑12
s53;2003 c2 s1(19)
54 (Renumbered as section 42.1).
Part 6
Direct Government Debt
Definition
55(1) In this Part, “Government securities” means
notes, bonds, debentures or interest‑bearing or non‑interest‑bearing
treasury bills issued by the Crown or any other securities under which the
Crown is the debtor.
(2) A
Government security for the purposes of this Act may be in any form, including
written or electronic form.
(3) Notwithstanding subsection (1), Government
securities do not include an instrument given by the Crown as security for the
repayment of an overdraft.
RSA 1980 cF‑9
s60;1995 c31 s4(27)
Power to raise money
56(1) The Lieutenant Governor in Council may, by order,
authorize the Minister responsible to raise the amount of money set out in the
order.
(2) The
Minister responsible shall prepare for each fiscal year a report of the money
raised under subsection (1) during that fiscal year for which Government
securities were issued.
(3) The Minister responsible may engage in
activities of a financial nature respecting this Part.
RSA 2000 cF‑12
s56;2003 c2 s1(10),(19)
Manner of raising money
57(1) An order in council under section 56 may
authorize the Minister responsible to raise money in one or more of the
following ways or a combination of them:
(a) by
the issue and sale of Government securities;
(b) by
loans from a bank, treasury branch or person by way of overdraft or line of
credit;
(c) by
issuing and pledging Government securities or pledging securities that are not
Government securities;
(d) in
any other manner that the order may specify.
(2) An order under section 56(1) may include any
terms or conditions required by the Lieutenant Governor in Council.
RSA 2000 cF‑12
s57;2003 c2 s1(19)
Advances to Provincial
corporations
58 The Lieutenant Governor in Council
may authorize the Minister responsible to make advances to or purchase
securities of a Provincial corporation on any terms and conditions that the
order may contain.
RSA 2000 cF‑12
s58;2003 c2 s1(19)
Replacement of
Government securities
59(1) The Lieutenant Governor in Council may
authorize the Minister responsible to change the form of unredeemed Government
securities by replacing one class of Government securities with another.
(2) The
replacement of one class of Government securities for another under subsection
(1) may be made by the sale of Government securities of one class and the
purchase of Government securities of another class.
(3) Notwithstanding
subsection (1), the replacement of one class of Government securities for
another may only be made
(a) with
the consent of the holder of the Government securities for which other
Government securities are substituted, or
(b) if the Government securities had been
purchased by or on account of the Crown.
RSA 2000 cF‑12
s59;2003 c2 s1(19)
Purchase of Government
securities
60 The Minister responsible may acquire Government
securities for any purpose.
RSA 2000 cF‑12
s60;2003 c2 s1(19)
Foreign currencies
61 If an order of the Lieutenant Governor in
Council under section 56 or under any other Act authorizes the raising of a
specific or maximum amount of money in Canadian dollars, the money may be
raised in a medium of exchange approved for the purposes of this section by the
Lieutenant Governor in Council or in a currency other than the currency of Canada.
RSA 1980 cF‑9
s64;1983 c29 s9;1986 c16 s18;1987 c22 s10;
1990 c20 s6;1992 c15 s8;1995 c31 s4(30)
Debt limit
62(1) The amount of the unredeemed Government
securities that have not matured and that are issued in respect of money raised
under section 56(1) less the aggregate of
(a) the
amount of the sinking funds established for the retirement of Government
securities and the interest accrued on those sinking funds,
(b) the
amount on deposit from time to time in lending institutions under section 3(a)
of the Farm Credit Stability Act, and
(c) the
amount of Government securities acquired and held under section 60
shall at no time
exceed $21 500 000 000.
(2) The
total net amount outstanding of all overdrafts incurred by the Crown at a bank,
treasury branch or other financial institution shall at no time exceed
$500 000 000.
(3) An overdraft incurred by a Provincial agency
that is authorized by or under an Act to borrow by way of overdraft is not to
be included in calculating the total net amount referred to in subsection (2).
RSA 2000 cF‑12
s62;2002 c18 s3
Conversion to Canadian
dollars
63 For the purposes of this Part,
an amount that is expressed in a medium of exchange or in a currency other than
the currency of Canada may be converted to an amount in Canadian dollars using
a method of calculating the conversion approved from time to time by the
Lieutenant Governor in Council.
1995 c31 s4
Powers of Minister
responsible
64 Subject to sections 56, 57 and
62, the Minister responsible may determine the amount of money to be raised and
the manner in which the money is to be raised on behalf of the Crown.
RSA 2000 cF‑12
s64;2003 c2 s1(19)
Execution of Government
securities
65(1) The Minister responsible shall execute
Government securities and, whether in anticipation of an order being made under
section 56(1) or after an order is made under section 56(1), or both, may
approve, sign or execute, on behalf of the Crown, contracts, agreements,
undertakings, offering documents and any other documents or instruments of any
nature that the Minister responsible considers necessary or desirable in
connection with the raising of money under this Part, but the Minister
responsible is not authorized by this section to raise money under this Part
without an order being made under section 56(1).
(2) The signature of a person authorized to be
affixed to Government securities or another instrument under subsection (1)
may, in accordance with directions given by the Minister responsible, be
printed, engraved, lithographed or otherwise reproduced and the signature so
reproduced is for all purposes valid and binding on the Crown notwithstanding
that the person whose signature is so reproduced has ceased to hold office
before the date of the Government securities, the date of the issue of the
Government securities or the date of the other instrument, as the case may be.
RSA 2000 cF‑12
s65;2003 c2 s1(11),(19)
Pledged securities and
report
66(1) Government securities pledged as security for a
loan and released from the pledge are not extinguished by the release.
(2) The Minister responsible shall prepare for each
fiscal year a report of the amount of the debt of the Crown outstanding at the
end of the fiscal year for which securities were pledged under this Part.
RSA 2000 cF‑12
s66;2003 c2 s1(19)
Payment of loan
obligations
67(1) The Lieutenant Governor in Council may provide
for
(a) the
creation, management and application of sinking funds,
(b) other
means of ensuring the repayment of Government securities, or
(c) the
redemption by call of Government securities issued subject to redemption in
advance of maturity.
(2) Money
required in connection with Government securities or in connection with money
raised pursuant to section 56 other than by the issue of Government securities
(a) to
provide a sinking fund or other means of ensuring repayment,
(b) to
redeem or repay the principal amount of Government securities or to repay the
principal amount of money raised other than by the issue of Government
securities,
(c) to
pay a premium in connection with the redemption of Government securities or the
repayment of money,
(d) to
pay the remuneration and compensation of registrars, transfer agents and fiscal
agents whose services are engaged in connection with any matter related to
Government securities,
(e) to
pay the costs, expenses and charges, including the cost of obtaining a rating
of Government securities, incurred in negotiations entered into in respect of
the raising of money or in the raising of money by the Crown or in the issuing,
reissuing, cancelling, redeeming, servicing, paying or managing of obligations
in respect of money raised and Government securities issued or reissued in
respect of those obligations,
(f) to
pay interest in respect of Government securities or money raised other than by
the issue of Government securities,
(g) to
make the payments required under agreements made pursuant to activities engaged
in under section 56(3) by the Minister responsible, and
(h) to
acquire Government securities under section 60,
must be paid from the
General Revenue Fund except where the payment is made from a sinking fund or by
other means under subsection (1).
(3) Notwithstanding subsection (2), all debts of
the Crown, other than debts that are secured or subordinated, rank equally.
RSA 2000 cF‑12
s67;2003 c2 s1(12)
Regulations re
Government securities
68 The Lieutenant Governor in Council may, on the
recommendation of the Minister responsible, make regulations or orders
(a) governing
the inscription, registration, transfer, transmission, exchange, redemption or
cancellation of Government securities;
(b) governing the sale or other disposition of
Government securities.
RSA 2000 cF‑12
s68;2003 c2 s1(19)
Immunity as to trusts
69 A public employee, public official, personal
service contractor or other person employed or engaged in the inscription,
registration, transfer, management or redemption of Government securities or in
the payment of interest on those securities is not bound to see to the
execution of a trust, expressed or implied, to which the securities are
subject.
RSA 1980 cF‑9 s71
Part 7
Crown Guarantees and Indemnities
Application
70 This Part does not apply to a
guarantee of the payment of a pension, annuity or other benefit under a pension
plan or the guarantee given by section 14 of the Alberta Treasury Branches Act.
RSA 2000 cF‑12
s70;2004 c7 s14
Indemnities by the Crown
71(1) Notwithstanding any other law, including
section 2, the Crown may give an indemnity if and only if the indemnity is in
writing and
(a) is
ancillary and incidental to the business purpose of an agreement involving the Crown and that agreement is of
a kind where no liability under the indemnity is likely, based on the
historical experience of giving similar indemnities, to arise in the normal
course of the performance of the agreement if the agreement is properly
performed,
(b) is
given to a person who is purchasing assets from the Crown or from a Provincial
agency,
(c) is
given to individuals who are or were members of the Executive Council, members
of the Legislative Assembly, employees of the Crown, members of Provincial
committees, members or directors of Provincial corporations or members,
directors or officers of corporations or unincorporated bodies serving in such
capacities at the Crown’s request, and the heirs and legal representatives of
any such persons, to indemnify them against costs, charges and expenses, and on
the basis, specified by the Lieutenant Governor in Council,
(d) is
an indemnity against losses that may be incurred by a financial institution
resulting from a loan to a receiver, liquidator, bankruptcy trustee,
administrator or other person acting in a similar capacity who is appointed by
the Crown, or
(e) is
specifically authorized by or under an Act or a regulation made under this or
any other Act.
(2)
Order in Council numbered O.C. 668/92 is validated as if made under this
section and section 73.
(3) The Lieutenant Governor in Council may, on the
recommendation of the Minister responsible, make regulations respecting
authorizations for the purpose of subsection (1)(e).
RSA 2000 cF‑12
s71;2003 c2 s1(19)
Guarantees by Crown and
Provincial agencies
72(1) Notwithstanding any other law, including
section 2, a member of the Executive Council shall not, on behalf of the Crown,
give a guarantee of the obligations of any person unless the guarantee is in
writing and is specifically authorized by or under
(a) an
Act, or
(b) a
subsisting regulation that was in force immediately before May 24, 1996, made
under this or any other Act.
(2) A
member of the Executive Council shall not introduce into the Legislative
Assembly an appropriation Bill, or estimates under such a Bill, that would
advance or authorize the advance of money under a guarantee by the Crown unless
the guarantee is specifically authorized by or under an Act or a regulation
referred to in subsection (1)(b).
(3) Subsection
(1) does not apply with respect to the performance of any commitments that were
in existence immediately before May 24, 1996.
(4) A body that is created or that becomes a
Provincial agency on or after May 24, 1996 shall not carry on the business of
giving guarantees unless specifically authorized to do so by or under an Act.
1996 c10 s1
Specific authorizations
for sections 42, 71 and 72 purposes
73(1) Where a provision of an Act or of an applicable
regulation prohibits a transaction to which section 42, 71 or 72 applies unless
certain conditions are met or restricts such a transaction to certain financial
or other limitations, then that provision, together with the meeting of those
conditions or compliance with those limitations, as the case may be, is to be
taken as a specific authorization for the purposes of that section.
(2) References
in sections 42, 71 and 72 to specific authorization by an enactment are to be
taken
(a) to
mean authorization in express terms in or by necessary implication from that
enactment, and
(b) to include instances where the transactions
are required, are potentially required, or are one of a number of things
required, to be done.
1996 c10 s1
Payment under guarantee
or indemnity
74 A payment by the Crown as a result of its
liability under a guarantee or indemnity shall be paid out of the General
Revenue Fund.
RSA 1980 cF‑9 s75
Annual report re guarantees
and indemnities
75(1) A report shall be prepared, in accordance with
the regulations, for each fiscal year of the Crown and for each fiscal year of
a Provincial corporation during which it gave a guarantee or indemnity
(a) summarizing
the indemnities given under section 71(1) and the guarantees given in that
fiscal year;
(b) showing
the amounts paid by the Crown or the Provincial corporation during that fiscal
year as a result of the Crown’s or the Provincial corporation’s liability under
guarantees and indemnities;
(c) showing
the amounts recovered during that fiscal year by the Crown or the Provincial
corporation on debts owing to the Crown or the Provincial corporation as a
result of payments made by them arising out of guarantees or indemnities.
(2) If a guarantee is given by the Crown pursuant
to an Act that was passed on or after May 24, 1996, the member of the Executive
Council responsible for that Act under which it was given shall lay the
guarantee agreement and any material amendment to the agreement before the
Legislative Assembly not later than 45 days after the end of the fiscal year in
which the agreement or amendment, as the case may be, is made or, if the
Legislative Assembly is not then sitting, not more than 15 days after the beginning
of the next sitting.
(3) Reports prepared under subsection
(1) shall be included in the public accounts.
RSA 2000 cF‑12
s75;2003 c2 s1(13)
Alberta Risk Management
Fund
76(1) There is hereby established a fund to be known
as the Alberta Risk Management Fund.
(2) The
Minister responsible shall hold and administer the Risk Management Fund in
accordance with this Act.
(3) The
Minister responsible shall establish and maintain a separate accounting record
of the Risk Management Fund.
(4) The
Minister responsible may be designated as a depositor, on behalf of the Risk
Management Fund, in the Consolidated Cash Investment Trust Fund.
(5) The
Minister responsible may advance to the Risk Management Fund from the General
Revenue Fund money required for the purposes of this section, but the amount of
the advances outstanding at any time shall not exceed $25 000 000.
(6) The
income of the Risk Management Fund accrues to and forms part of the Risk
Management Fund.
(7) If
at any time it appears to the Minister responsible that there is money in the
Risk Management Fund that is not required for the purposes of the Risk
Management Fund, the Minister responsible, with the approval of the Treasury
Board, may transfer the money to the General Revenue Fund.
(8) The
following shall be paid into the Risk Management Fund:
(a) amounts
paid by or in respect of a participant under an agreement entered into or
arrangement made under subsection (10);
(b) money
required to be paid into the Risk Management Fund pursuant to regulations made
under subsection (12).
(9) The
following shall be paid out of the Risk Management Fund:
(a) notwithstanding
section 74, amounts payable by the Crown under an agreement entered into or
arrangement made under subsection (10);
(b) the
cost of any contract of insurance entered into by the Crown in respect of an
agreement entered into or an arrangement made under subsection (10);
(c) money
required to be paid out of the Risk Management Fund pursuant to regulations
made under subsection (12);
(d) an
amount required to be transferred pursuant to subsection (7).
(10) Subject
to the regulations made under subsection (12), the Minister responsible, on
behalf of the Crown, may enter into an agreement or make other arrangements
with a participant.
(11) For
the purposes of this section, participants include the following:
(a) unless
the Treasury Board prescribes otherwise,
(i) departments, public officials and Provincial agencies, and
(ii) the Legislative Assembly Office, the Office of the Auditor
General, the Office of the Information and Privacy Commissioner, the Office of
the Ombudsman, the Office of the Chief Electoral Officer and the Office of the
Ethics Commissioner;
(b) participants
and classes of participants prescribed by the Treasury Board.
(12) For
the purposes of this section, the Treasury Board may make regulations
(a) respecting
participants;
(b) respecting
the terms and conditions that apply to an agreement entered into or an
arrangement made under subsection (10);
(c) respecting
the money required to be paid into or out of the Risk Management Fund;
(d) notwithstanding section 34, requiring money
to be paid into or out of the Risk Management Fund.
RSA 2000 cF‑12
s76;2003 c2 s1(19)
Part 8 Repealed 2003 c2 s1(14).
Part 9
Management Procedures
Treasury Board
regulation of contracts
78(1) The Treasury Board may make regulations or
issue directives governing standards to be observed when contracts are entered
into by or on behalf of the Crown or a Provincial agency where those contracts
relate to
(a) the
acquisition, management, use or disposition of property or a class of property;
(b) the
buying or selling of goods by or to the Crown or a Provincial agency;
(c) the
rendering of services by or to the Crown or a Provincial agency.
(2) A contract entered into by or on behalf of the
Crown or a Provincial agency is not invalid by reason only of the fact that the
contract was entered into in breach of the regulations or directives or that
the contract was not in accordance with the regulations or directives.
RSA 1980 cF‑9 s79
Treasury Board
regulation of real or personal property
79(1) The Treasury Board may make regulations or
issue directives respecting the acquisition, management, use or disposition of
real or personal property by the Crown or a Provincial agency.
(2) A regulation or directive made or issued under
subsection (1) is effective in relation to real property only to the extent
that the acquisition, management, use or disposition of that real property is
not governed by another Act or regulations under another Act.
RSA 1980 cF‑9 s80
Incorporation
80(1) No person shall incorporate a Provincial
corporation or Crown‑controlled organization without the approval of the
Lieutenant Governor in Council.
(2) No
person, whether on behalf of the Crown or otherwise, shall enter into an
agreement or acquire any property without the approval of the Lieutenant
Governor in Council if a direct effect of the person’s entering into the
agreement or acquiring the property is that a corporation becomes a Provincial
corporation or a Crown‑controlled organization.
(3) A
Provincial corporation or Crown‑controlled organization shall not be
dissolved, liquidated, wound up or disposed of without the approval of the
Lieutenant Governor in Council.
(4) A
Provincial corporation or Crown‑controlled organization shall not acquire
a subsidiary corporation without the approval of the Lieutenant Governor in
Council.
(5) Subsection
(2) does not apply to the acquisition of securities resulting from the
realization of a security interest held by the Crown or on behalf of the Crown.
(6) An order of the Lieutenant Governor in Council
under this section may be made subject to any terms or conditions the
Lieutenant Governor in Council considers appropriate.
1993 c19 s15
Control of Provincial
corporation borrowings
81(1) If a Provincial corporation has the power to
borrow money by issuing securities,
(a) the
Minister responsible is the exclusive agent of the corporation for the purpose
of negotiating and determining the terms and conditions of the loan,
(b) the
corporation has no power to negotiate the loan otherwise than through the
Minister responsible as its agent, and
(c) no
order in council shall be made under an Act to approve that borrowing except on
the recommendation of the Minister responsible.
(2) If a Provincial corporation has the power to
borrow money by way of overdraft or line of credit, the Minister responsible
may prescribe the amount of and the manner in which the money may be raised and
the rate of interest that may be paid.
(3) Subsection (1) does not apply to a
loan or class of loans determined by the Minister responsible.
RSA 2000 cF‑12
s81;2003 c2 s1(15),(19)
Discontinuance
82(1) For the purposes of this section, “Provincial
agency” means
(a) a
Provincial corporation, or
(b) a
Provincial committee
(i) that is created, continued or established by an Act and whose
name is established by the Act, or
(ii) that administers money.
(2) All
Provincial agencies in existence at that time are discontinued
(a) at
the beginning of January 1, 2004, and
(b) at
the end of the last day of each successive 5‑year period beginning with
the period that begins on January 1, 2004.
(3) The
discontinuance of a Provincial agency does not extinguish any liabilities of
the Provincial agency or relieve any person of an obligation the person has to
the Provincial agency.
(4) Notwithstanding
subsection (2), an Act, or a Schedule to this Act, may specify that a
Provincial agency is to continue after the date on which it would otherwise be
discontinued.
(5) If
a Provincial agency is continued under this section, that Provincial agency is
continued for a period ending not later than the next discontinuance date under
subsection (2), unless a shorter period is specified or the Provincial agency
is further continued in accordance with this section.
(6) A
Provincial agency that is discontinued under this section must not carry on
business or any other activity after it is discontinued, except pursuant to an
order under subsection (7)(b) respecting the winding‑up or dissolution of
the Provincial agency.
(7) Notwithstanding
subsections (2) and (5), the Lieutenant Governor in Council may
(a) before
the date on which it would otherwise be discontinued, order that a Provincial
agency continue for a period specified in the order;
(b) notwithstanding
any other Act, make an order, on the recommendation of the Treasury Board, on
any matter in relation to the discontinuance of a Provincial agency, including,
but not limited to, the winding‑up or dissolution of the Provincial
agency, contracts of employment of the Provincial agency, assets or liabilities
of the Provincial agency or the statutory powers, duties or obligations of the
Provincial agency.
(8) An
order under subsection (7)(a) may continue a Provincial agency for a period
that ends no later than the date of the prorogation of the next session of the
Legislature after the date on which the Provincial agency would otherwise be
discontinued under subsection (2) or (5).
(9) An
order under subsection (7)(b) respecting the winding‑up or dissolution of
a Provincial agency must specify
(a) that
the winding‑up or dissolution must be completed within 15 months after
the order is made, and
(b) that
any undistributed gifts, bequests or donations to the Provincial agency are to
be administered by a successor organization or the Crown for the same purpose
for which the Provincial agency was established.
(10) The Regulations Act applies to an order
made under subsection (7).
(11) This
section does not apply to the following:
(a) repealed
2003 c2 s1(16);
(b) the
Alberta Social Housing Corporation under the Alberta Housing Act;
(c) the
Teachers’ Pension Plans Board of Trustees under the Teachers’ Pension Plans Act;
(d) the
Special Areas Board under the Special
Areas Act;
(e) the
Public Utilities Board;
(f) the
Energy Resources Conservation Board;
(g) the
Alberta Energy and Utilities Board;
(h) the
Surface Rights Board;
(i) Alberta
Treasury Branches or any subsidiary of Alberta Treasury Branches or any
corporation controlled by Alberta Treasury Branches directly or indirectly
through one or more intermediary corporations;
(j) the
Judicial Council established under Part 6 of the Judicature Act;
(k) the
Public Trustee.
(12) Subsection
(2)(a) does not apply to a Provincial corporation or Crown‑controlled
organization incorporated, in accordance with an approval under section 80, on
or after February 1, 2003 but before January 1, 2004.
RSA 2000 cF‑12
s82;2003 c2 s1(16);2004 cP‑44.1 s51
Regulation of charges
83(1) The Treasury Board may, in respect of a
department or Provincial agency that supplies goods or renders services to
another department or Provincial agency or to a fund administrator or public
employee, public official or personal service contractor, issue directives
(a) designating
the department or Provincial agency as one that shall make charges for those
goods or services,
(b) specifying
the goods or services or classes of goods or services for which charges are to
be made,
(c) prescribing
the respective charges or rates of charges to be made for those goods or
services, and
(d) specifying
the fund or account where transfers in payment of charges for those goods or
services are to be credited,
and afterwards the
department or Provincial agency shall supply goods or render services only in
accordance with the directives.
(2) The
Treasury Board may authorize a public employee, public official or personal
service contractor to exercise its powers under subsection (1)(b) and (c).
(3) In this section and section 84, “department”
has the meaning given to it in section 29.
RSA 2000 cF‑12
s83;2004 c7 s16
Treasury Board
authorization of agreements
84 If a department or a Provincial agency is not
otherwise authorized to enter into agreements to provide goods or services, the
Treasury Board may authorize the department or Provincial agency to enter into
an agreement to provide goods or services and may specify the terms and
conditions of the agreement.
1982 c18 s13
Regulations
85(1) The Treasury Board may make regulations
(a) respecting
the fees payable to the Crown for services rendered by the Crown to members of
the public where fees are not otherwise provided for;
(b) respecting
the liability of persons for the payment of interest on amounts owing to the
Crown where interest is not otherwise provided for, the rates of interest
payable and the computation of interest payable.
(2) Notwithstanding section 2(1), the Regulations Act applies to a regulation
made under subsection (1)(b).
1986 c16 s26
Internal reviews
86 The Treasury Board may conduct, or authorize a
public employee, public official or personal service contractor to conduct, an
examination of the operations or administration of a department, Provincial
agency or fund administrator.
RSA 1980 cF‑9 s83
Establishment
requirements
87 The Treasury Board may determine and control the
establishment requirements of a department, Provincial committee or fund
administrator.
RSA 1980 cF‑9 s84
Bonding of public employees,
etc.
88 The Treasury Board may make regulations or issue
directives governing the bonding of public employees, public officials,
personal service contractors and revenue officers.
RSA 1980 cF‑9 s85
Part 10
General
Failure to account for
public money
89(1) When the Minister responsible has reason to
believe that a person
(a) has
received public money and has not duly paid it over,
(b) has
received public money for which the person is accountable and has not duly
accounted for it, or
(c) has
in the person’s possession public money applicable to a purpose and has not
applied it to that purpose,
the Minister
responsible may cause a notice to be served on the person or on the person’s
personal representative requiring the person, within such time from the service
of the notice as is stated in it, to pay over or account for the public money
to the person and in the manner set out in the notice or to apply the public
money in the manner set out in the notice, and to transmit to the Minister
responsible proper vouchers that the person has done so.
(2) A
notice referred to in subsection (1) may be served by delivering a copy of it
to the person to whom it is addressed or by mailing it by registered mail to
the person at the person’s last known address.
(3) If
a person fails to comply with a notice served on the person under subsection
(1) within the time stated on the notice, the Minister responsible may state an
account between that person and the Crown, showing the amount of public money
not duly paid over, accounted for or applied, as the case may be, and, in the
discretion of the Minister responsible, charging interest on the whole or any
part of it at a rate and from a date as the Minister responsible may determine.
(4) In any proceedings for the recovery of the
public money, a copy of the account stated by the Minister responsible,
certified by the Minister responsible, shall be admitted in evidence and is
proof, in the absence of evidence to the contrary, that the amount stated in
it, together with interest, is due and payable to the Crown, without proof of
the appointment or signature of the Minister responsible, and that amount and
that interest, or any interest that the court considers reasonable, may be
recovered as a debt due to the Crown.
RSA 2000 cF‑12
s89;2003 c2 s1(19)
Public money held in
trust
90(1) A person who
(a) has
received public money payable to the Crown and has not duly paid it over,
(b) has
received public money for which the person is accountable to the Crown and has
not duly accounted for it, or
(c) has
in the person’s possession public money applicable to a purpose set out in an
appropriation and has not applied it to that purpose,
is deemed to hold that
public money in trust for the Crown, and the Minister responsible may recover
that money from that person in any manner in which money owing to the Crown may
be recovered.
(2) Until public money in the possession of a
person in the manner described in subsection (1)(c) is recovered, the Minister
responsible may apply an equal sum from the General Revenue Fund to the purpose
to which the public money should have been applied.
RSA 2000 cF‑12
s90;2003 c2 s1(19)
Fine for refusal to
transmit accounts, etc.
91 If a person wilfully refuses or neglects to
transmit, furnish or deliver an account, statement or return with the proper
documents to the Minister responsible or to the officer or department to whom
the person is required to transmit, furnish or deliver it on or before the day
appointed for the transmission, furnishing or delivery of it, the person is
guilty of an offence for every such refusal or neglect and liable to a fine of
not more than $1000, and in default of payment to imprisonment for a term not
exceeding 3 months.
RSA 2000 cF‑12
s91;2003 c2 s1(19)
Books, etc., property of
Crown
92 All books, papers, accounts and documents kept
or used by or in the possession of a revenue officer by virtue of the revenue
officer’s employment as a revenue officer are the property of the Crown, and
all money or valuable securities received or taken into the revenue officer’s
possession by virtue of the revenue officer’s employment are the property of
the Crown.
RSA 1980 cF‑9 s89
Actions for penalties or
forfeitures
93(1) The Minister of Justice and Attorney General
may sue for and recover in the name of the Government a penalty or forfeiture
imposed by a law relating to the public revenue of Alberta or imposed for a
breach of this Act.
(2) The
whole of the penalty or forfeiture referred to in subsection (1) belongs to the
Crown for the public use of Alberta unless the Lieutenant Governor in Council
orders that a portion of it be paid to a person by whose information or aid the
penalty or forfeiture was recovered.
(3) The Minister of Justice and Attorney General
may direct the discontinuance of an action for a penalty or forfeiture referred
to in subsection (1) irrespective of the person by whom or in whose name the
action was brought.
RSA 1980 cF‑9
s90;1994 cG‑8.5 s89
Assignment of Crown
debts
94(1) In this section, “Crown debt” means
(a) an
existing or future debt due or becoming due by the Crown, or
(b) a
chose in action in respect of which there is a right of recovery enforceable by
action against the Crown,
but does not include a
negotiable instrument or salary or wages owing to a public employee, public
official or personal service contractor.
(2) The
Crown is not bound by an assignment of a Crown debt unless
(a) it
is an assignment binding on the Crown by reason of the regulations under this
section, or
(b) in
the case of a particular assignment to which the regulations do not apply, a
deputy head consents to the assignment and the assignment becomes binding on
the Crown under this section.
(3) The
Minister responsible may make regulations
(a) respecting
the circumstances under which and the terms and conditions on which the Crown
is bound by an assignment of a Crown debt;
(b) respecting
the conditions to be met before an assignment of a Crown debt is binding on the
Crown and respecting the time at which an assignment becomes binding on the
Crown;
(c) respecting
any other matter pertaining to assignments of Crown debts that are binding on
the Crown by reason of regulations under clauses (a) and (b).
(4) A
deputy head may, in giving his or her consent to a particular assignment
pursuant to subsection (2)(b),
(a) prescribe
any terms and conditions to which the consent is subject, and
(b) prescribe
the time at which the Crown becomes bound by the assignment.
(5) At
the time an assignment of a Crown debt becomes binding on the Crown under this
section, the assignment is effectual in law to pass and transfer
(a) the
legal right to the Crown debt,
(b) all
legal and other remedies in respect of the Crown debt, and
(c) the
power to give a good discharge for the Crown debt without the concurrence of
the assignor.
(6) An
assignment of a Crown debt binding on the Crown in accordance with this section
is subject to
(a) all
conditions and restrictions in respect of the right of transfer that relate to
the original Crown debt, and
(b) the right of the Crown to set off any claims
it may have in respect of any indebtedness of the assignor existing before the
payment by the Minister responsible to the assignee of all or part of the Crown
debt.
RSA 2000 cF‑12
s94;2003 c2 s1(17),(19)
Assignment of
corporation debts
95(1) In this section, “corporation debt”, in
relation to a Provincial corporation, means
(a) an
existing or future debt due or becoming due by the Provincial corporation, or
(b) a
chose in action in respect of which there is a right of recovery enforceable by
action against the Provincial corporation,
but does not include a
negotiable instrument or salary or wages owing to a public employee, public
official or personal service contractor.
(2) A
Provincial corporation is not bound by an assignment of a corporation debt
unless
(a) it
is an assignment binding on the Provincial corporation by reason of the
regulations under this section, or
(b) in
the case of a particular assignment to which the regulations do not apply, it
consents to the assignment and the assignment becomes binding on it under this
section.
(3) A
Provincial corporation may make regulations
(a) respecting
the circumstances under which and the terms and conditions on which it is bound
by an assignment of a corporation debt;
(b) respecting
the conditions to be met before an assignment of a corporation debt is binding
on the Provincial corporation and respecting the time at which an assignment
becomes binding on the Provincial corporation;
(c) respecting
any other matter pertaining to assignments of corporation debts that are
binding on the Provincial corporation by reason of regulations under clauses
(a) and (b).
(4) A
Provincial corporation may, in giving its consent to a particular assignment pursuant
to subsection (2)(b),
(a) prescribe
any terms and conditions to which the consent is subject, and
(b) prescribe
the time at which the Provincial corporation becomes bound by the assignment.
(5) At
the time an assignment of a corporation debt becomes binding on the Provincial
corporation under this section, the assignment is effectual in law to pass and
transfer
(a) the
legal right to the corporation debt,
(b) all
legal and other remedies in respect of the corporation debt, and
(c) the
power to give a good discharge for the corporation debt without the concurrence
of the assignor.
(6) An
assignment of a corporation debt binding on a Provincial corporation in
accordance with this section is subject to
(a) all
conditions and restrictions in respect of the right of transfer that relate to
the original corporation debt, and
(b) the right of the Provincial corporation to
set off any claims it may have in respect of any indebtedness of the assignor
existing before the payment by the Provincial corporation to the assignee of
all or part of the corporation debt.
1983 c29 s13
Assignment of salary or
wages
96(1) Subject to subsection (2), neither the Crown
nor a Provincial corporation is bound by an assignment by a public employee,
public official or personal service contractor of salary or wages owing to the
public employee, public official or personal service contractor.
(2) A deputy head or a Provincial corporation may,
by consenting to a particular assignment or class of assignments, exempt that
assignment or class of assignments from the operation of subsection (1).
RSA 2000 F‑12
s96;2003 c2 s1(18)
Saving of other legal
remedies
97 Nothing contained in this Act prevents, lessens
or impairs a remedy given by law to the Crown or another person.
RSA 1980 cF‑9 s92
Benefit funds
98(1) In this section,
(a) “benefit
fund” means a fund established pursuant to this section;
(b) “participant”
means a public employee, a member of the Legislative Assembly, a master in
chambers of the Court of Queen’s Bench, a judge of the Provincial Court or any
person approved by the Treasury Board in the directive that establishes the
benefit fund;
(c) “plan”
means a plan to provide benefits to participants.
(2) The
Treasury Board may by directive establish a benefit fund for the purpose of
facilitating the administration of a plan.
(3) A
directive under this section
(a) shall
designate a person or group of persons as the fund administrator of the benefit
fund;
(b) may
authorize the fund administrator to enter into an agreement with any person
under which that person is made responsible for the payment of benefits under
the plan or for any other administrative aspects of the plan;
(c) may
provide for the disposition of the income of the benefit fund;
(d) may
provide for the disposition of the net proceeds in the benefit fund after the
termination of the plan in respect of which it was established;
(e) may
provide that the fund administrator may be designated as a depositor, on behalf
of the benefit fund, of the Consolidated Cash Investment Trust Fund;
(f) may
provide for any other matter respecting the administration of the benefit fund,
payments into and out of the fund and the powers and duties of the fund
administrator in respect of the fund.
(4) The
fund administrator of a benefit fund shall keep a separate accounting of the
fund.
(5) The
following may be paid into a benefit fund:
(a) contributions
by the Crown authorized by a supply vote for the purposes of the plan;
(b) contributions
by participants in the plan;
(c) any
other contributions payable into the benefit fund pursuant to the plan or a
directive in respect of the plan.
(6) The
following may be paid out of a benefit fund:
(a) amounts
payable to a person pursuant to the plan;
(b) expenses
related to the administration of the plan;
(c) payments
to a person who is a party to an agreement referred to in subsection (3)(b) in
accordance with the agreement.
(7) Unless
the directive under this section provides otherwise, the income of a benefit
fund accrues to and forms part of the fund.
(8) Notwithstanding section 28, the authority to
make disbursements from the balance of that part of a benefit fund made up of
payments under the authority of a supply vote not charged with a liability, in
this subsection referred to as the balance, does not lapse until the balance
exceeds the obligations of the Crown under the plan.
1989 c14 s11
